Workplace harassment: a security guard's rights in Quebec

A supervisor who belittles you in front of others on every shift, a co-worker who keeps making remarks of a sexual nature, a tenant or a client who insults you every evening at the same post: workplace harassment affects security guards too, and Quebec law gives them specific rights. This guide explains what psychological harassment is under the Act respecting labour standards, what your employer must do, how to file a complaint with the CNESST (Quebec's labour standards and workplace safety board) and how to keep useful records.

This article is for information only and is not legal advice. For a specific situation, contact the CNESST, your union or a lawyer.

What is psychological harassment under the law?

Section 81.18 of the Act respecting labour standards defines psychological harassment as vexatious behaviour in the form of repeated conduct, verbal comments, actions or gestures that are hostile or unwanted, that affect the person's dignity or psychological or physical integrity and that result in a harmful work environment.

Three important points:

• Sexual harassment is included. The Act specifies that psychological harassment includes verbal comments, actions or gestures of a sexual nature.
• A single act can be enough. A single serious incidence of such behaviour can also be harassment if it has that kind of effect and produces a lasting harmful effect.
• It does not matter where it comes from. The employer must prevent harassment "from any person" (s. 81.19): a superior, a co-worker, but also an outside person such as a client or a visitor.

A firm instruction, a negative evaluation or a disciplinary measure is not, in itself, harassment. What counts is the vexatious, hostile or unwanted nature of the behaviour and its effects on you.

What are the guard's rights and the employer's obligations?

Under section 81.19, every employee has a right to a work environment free from psychological harassment. The employer must take reasonable action to prevent harassment and, when such behaviour is brought to its attention, to put a stop to it.

The employer must also adopt and make available to its employees a policy for preventing psychological harassment and handling such situations. According to the same section, this policy must in particular provide for:

Ask your agency for a copy of this policy: it is often the first step recommended by the CNESST, which suggests following the procedure set out in it if the circumstances allow.

Agency guard assigned to a client's site: who is responsible?

Most guards work for an agency and are assigned to a client's site (shopping centre, office tower, hospital, construction site). The Decree respecting security guards defines the guard as a person who performs security work "on behalf of or through a security agency". The obligations of section 81.19 are aimed at the employer: in this case, your agency must take reasonable action to prevent the harassment and put a stop to it, even if it comes from an employee of the client or from a user of the site.

In concrete terms, if the harassment comes from someone at the client's site, report it first to your agency, in writing, following its policy. The Act does not specify which action the agency must choose. It requires "reasonable" action. To learn more about your status, read our article on the security guards' decree explained.

If a client becomes aggressive in the moment, the techniques in our guide to handling an aggressive client through de-escalation remain useful. But when the insults come back every week, it is no longer just a difficult intervention: it is a situation the employer must deal with.

How do you keep records of the harassment?

A complaint is won with facts. From the first incidents:

1. Keep a personal journal, at home and not on a device that belongs to the employer: date, time, place, exact words, gestures, people present, effect on you.
2. Write down the witnesses: co-workers on the shift, the client's employees, users. The CNESST states that the names of witnesses remain confidential during its investigation.
3. Keep what is in writing: emails, text messages, messages on the agency's apps, changed schedules, supervision notes.
4. Report in writing to the person designated in the policy and keep a copy of your report and of the answer.
5. See a doctor if your health is affected and keep the medical documents.

Incidents that happen while you are on duty can also be recorded in a report. Our incident report template for security guards helps you write precise, neutral facts.

How do you file a harassment complaint with the CNESST?

If the situation is not resolved with the employer, or if you cannot talk about it internally, you can file a harassment complaint with the CNESST. Section 123.6 allows an employee who believes they have been the victim of psychological harassment to file a written complaint with the Commission. A non-profit organization dedicated to the defence of employees' rights can also file it for you, with your written consent.

The deadline: two years. Under section 123.7, the complaint must be filed within two years of the last incidence of the behaviour. Do not wait all the same: memories and witnesses fade.

The steps described by the CNESST:

If the CNESST refuses to act on the complaint, you can, within 30 days of that decision, ask it in writing to refer the complaint to the Administrative Labour Tribunal (s. 123.9).

If the Tribunal finds that you were the victim of harassment and that the employer did not meet its obligations, it can in particular order (s. 123.15) your reinstatement, an indemnity up to a maximum equivalent to the wages lost, measures to put a stop to the harassment, punitive and moral damages, the funding of psychological support or the modification of your disciplinary record.

What if I am unionized?

Under section 81.20, these protections are part of every collective agreement. A unionized employee must exercise the recourses provided for in the agreement, to the extent that such a recourse exists, and the two-year deadline applies as well. Talk to your union representative first.

Can harassment be an employment injury?

Yes, in some cases. The CNESST states that if the harassment caused a psychological injury attested by a doctor, filing both a claim for an industrial accident and a harassment complaint can make it possible to be compensated. These are two separate procedures. The steps of the claim (notice to the employer, medical certificate) are described in our article on the rights of a security guard who is assaulted at work.

The CNESST also mentions that it is possible to report the situation to an inspector, confidentially or anonymously, if you cannot talk about it with your employer or if nothing has changed after your report.

Frequently asked questions

My supervisor yells at me once: is that harassment?

A single lapse generally is not, unless it is serious behaviour that produces a lasting harmful effect (s. 81.18). Write down the incident: if it happens again, it can become part of a pattern.

How much does a complaint to the CNESST cost?

Filing the complaint and mediation are offered at no cost, and if the case goes to the Tribunal, the CNESST can provide you with a lawyer at no cost. You can also hire your own lawyer, at your own expense.

Can my agency stop me from filing a complaint because the harasser works for the client?

No. The right to a work environment free from harassment covers harassment from any person, and it is your employer who must take reasonable action to put a stop to it. You can go to the CNESST within the two-year deadline.

Sources

• Loi sur les normes du travail (RLRQ, c. N-1.1), ss. 81.18, 81.19, 81.20, 123.6 to 123.10 and 123.15 – LégisQuébec
• Decree respecting security guards (CQLR, c. D-2, r. 1), s. 1.01 – LégisQuébec
• Complaint concerning psychological or sexual harassment – CNESST
• What to do if you think you are being harassed – CNESST
• Politique de prévention et de prise en charge du harcèlement psychologique – CNESST